10 years after Mangaluru Air crash, SC awards Rs 7.64 cr comp to kin of one of the victims

News Network
May 21, 2020

Mangaluru, May 21: The Supreme Court has awarded Rs 7.64 crore compensation to the next of kin of a man who was killed in a crash-landing of Air India Express Flight 812 from Dubai in Mangalore on May 22, 2010. The accident killed 158 out of 166 passengers on board.

The family of the 45-year-old Mahendra Kodkany, which include his wife, daughter and son, were earlier granted Rs 7.35 crore as compensation by National Consumer Disputes Redressal Commission (NCDRC). This compensation will now get enhanced after adding 9 per cent interest per annum (on the amount yet to be paid), to be paid by Air India.

Kodkany was the regional director for the Middle East for a UAE-based company. The aircraft overshot the runway and went down a hillside and burst into flames.

A bench comprising Justices D.Y. Chandrachud and Ajay Rastogi said: "The total amount payable on account of the aforesaid heads works out to Rs 7,64,29,437. Interest at the rate of nine per cent per annum shall be paid on the same basis as has been awarded by the NCDRC. The balance, if any, that remains due and payable to the complainants, after giving due credit for the amount which has already been paid, shall be paid within a period of two months."

The apex court noted that in a claim for compensation arising out of the death of an employee, the income has to be assessed on the basis of the entitlement of the employee. The top court said: "We are unable to accept the reasons which weighed with the NCDRC in making a deduction of AED (UAE currency) 30,000 from the total CTC. Similarly, and for the same reason, we are unable to accept the submission of Air India that the transport allowance should be excluded. The bifurcation of the salary into diverse heads may be made by the employer for a variety of reasons."

The top court observed that the deceased was evidently, a confirmed employee of his employer. "We have come to the conclusion that thirty per cent should be allowed on account of future prospects", added the court.

The top court noted that if the amount which has been paid by Air India is in excess of the payable under the present judgement, "we direct under Article 142 of the Constitution (discretionary powers) that the excess shall not be recoverable from the claimants," said the court.

Comments

A.Rahman
 - 
Friday, 22 May 2020

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Over all it is the sign  of a profesional ; qualified  eligble  lawyers efforts and right decision from a capable knowlegable judge. Suit case operating lawyers cannot handle such specilized cases.

They lawyer may handled rest of the vicitms cases or he not. But for his siincere efforts for the past ten years delcares whatn he  is. Am personally met him and  witnessed his court appearance  hope and wish him all the best and success .

 

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News Network
June 10,2020

Bengaluru, Jun 10: Janata Dal-Secular (JD-S) supremo and former Prime Minister H.D. Deve Gowda said on Tuesday that he filed his nomination for the June 19 Rajya Sabha elections from Karnataka in response to a collective call from national leaders to be back in the Parliament.

"Though I was not personally interested to contest, national leaders from Congress President Sonia Gandhi, National Conference President Farooq Abdullah, TMC and Left parties want me back in Parliament," he told reporters here.

Gowda, 87, filed his nomination in the Vidhana Soudha, submitting the papers to Assembly Secretary and Returning Officer M.K. Vishalakshi, a party official told IANS.

Gowda''s second son and former minister H.D. Revanna and third son and former Chief Minister H.D. Kumaraswamy were present on the occasion.

"Our party''s all 34 legislators also urged me to contest as my presence is necessary in Parliament at a time when the country was grappling with multiple crises in the aftermath of coronavirus," said Gowda.

Claiming that there was no pressure from his two sons as they are more concerned with his health, Gowda said he was touched by the requests of the national leaders, especially Gandhi who personally called him and asked him to contest as the country needed his presence in Parliament.

Gowda agreed to contest in the bypoll as his party''s candidate after the Congress state unit assured him of its support with its surplus votes, as the JD-S with 34 legislators is short of 10 votes of the required 44 votes.

It will be second time Gowda will enter the Rajya Sabha, 24 years after he was its member as the Prime Minster from June 1996 to April 1997 of the United Front government.

"Congress General Secretary K.C. Venugopal informed Kumaraswamy on June 6 that the party was fielding only its senior leader Mallikarjun Kharge from Karnataka and had surplus votes to ensure my victory as our party is 10 votes short of the required 44 votes to win," Gowda said.

Kharge filed his nomination on Monday.

Party''s outgoing member Kupendra Reddy, whose 6-year term ends on June 25, told Gowda that he was not interested for a second term as he did not get enough time in the upper house to raise issues.

"As our party does not have numbers in Parliament to get more time allotted to raise issues and participate in debates, Reddy wanted me to be in the Rajya Sabha in his place so that I could serve the nation better," Gowda said.

Gowda lost in the May 2019 general elections from Tumkur to G.S. Basvaraj of the BJP.

With the term of the four members -- Congress'' B.K. Hariprasad and Rajeev Gowda, BJP''s Prabhakar Kore and JD-S''s Reddy ending on June 25, the Election Commission notified the poll on June 1.

According to the poll panel, the nominations will be scrutinised on Wednesday and last date for withdrawal by candidates is June 12. Polling and vote count is on June 19.

From the ruling BJP, its grassroot cadres Eranna Kadadi and Ashok Gasti filed their nominations after Gowda.

By fielding Gowda for the fourth seat, the Congress and JD-S, who had post-poll and pre-poll alliances for the Lok Sabha and state Assembly elections in May 2019 and May 2018, queered the pitch for the BJP, denying it the chance to win a third seat.

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News Network
June 2,2020

Udupi, June 2: The number of positive cases may continue to be more in Udupi district since the results of more than 3,000 samples are pending with Labs.

The district total cases to 260. The figure had seemed far-fetched on May 15, when the number of cases stood at just three. The latest spike has been attributed to the return of migrants from other States as well as from abroad. These samples are from people who returned to the district in the last two weeks.

This delay is because the laboratories testing samples from Udupi are burdened with a high case-load after more than 8,500 people returned to the district, particularly from the neighbouring state of Maharashtra.

"Samples have piled up after the influx of people returning from other states and from abroad," says Dr Prashant Bhat, nodal officer for COVID-19 in Udupi. This delay has caused returnees in institutional quarantine to stay on for as long as 18 days.

The designated laboratory for coronavirus testing in Udupi is Wenlock District Hospital in Mangaluru. The district administration also sends samples to laboratories at the Kasturba Hospital in Manipal, Yenepoya Medical College, Mangaluru, KS Hegde Medical Academy, Mangaluru, and Viral Diagnostic Laboratory in Shivamogga. Apart from Udupi, the laboratory in Manipal is also testing samples from Uttara Kannada district. The laboratory in Shivamogga is also testing samples from Shivamogga and Bijapur districts. The laboratories in Mangaluru, similarly, have samples from Dakshina Kannada district.

Dr Avinash Shetty, Medical Superintendent of Kasturba Hospital in Manipal, one of the private laboratories being used by the Udupi district administration, said that they are testing samples in batches. "We received around 600 samples today and we will be testing them now. The backlog of samples should be cleared in the next few days," Dr Avinash said.

All 73 cases reported in Udupi on Monday were patients with travel history of returning from Maharashtra or patients with travel history of returning from abroad.

In cases of some patients who tested coronavirus positive in the past week, people were released from institutional quarantine after a stipulated period only to be tracked down again and admitted in hospitals after their results returned positive.

While two such cases emerged in Belapu and Belman in the district, the administration is now following up with others who were released from institutional quarantine to ensure they remain in home quarantine till their test results are confirmed.

The spike in cases among returning migrants in Udupi also comes at a time the Karnataka government reduced restrictions on interstate travel.

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News Network
July 21,2020

Bengaluru, Jul 21: Leader of Opposition and former Chief Minister of Karnataka Siddaramaiah on Monday attacked the ruling government and said press conference of Health Minister B Siramulu was more like an exercise to hide facts than presenting proof with accurate data.

"Got to know about the press conference addressed by B Siramulu and Dr Ashwathnarayan CN to clear accusations of corruption. It looked more like an exercise to hide facts than presenting proof with accurate data," Siddaramaiah tweeted.

"It is still unclear about the points presented in the press conference. They have not answered any of my questions which were raised earlier. I will respond in detail once I receive the written explanation from the govt. Minister has claimed that both Health & Medical education department together have spent Rs323 Cr. But the data presented by them does not even add up to Rs100 Cr. What happened to the rest of the money?," asked Siddaramaiah.

He said that Centre has procured ventilators at Rs4 lakh per unit under PM Cares. But only in our state, the ventilators are procured at Rs12-Rs18 lakh per unit

"Prime Minister's Office has procured ventilators at Rs4 lakh per unit under PM Cares. But only in our state, the ventilators are procured at Rs12-Rs18 lakh per unit. Why do we see such a huge difference in price? Ministers, in the press conference, have told that quality & technological capabilities are the reasons for huge price difference. Does it mean ventilators under PM Cares lack quality? Why did they not present the technical specifications to justify the same?" he asked.

"Not just about the procurement of medical equipment, I had even asked data about food kits, PDS distribution, beds procured, quarantine centres & isolation wards. Where is the data for that?" he asked in a series of tweets. 

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